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Home My WebLink About20141279.tiff HIGH PLAINS LIBRARY DISTRICT AGENDA 4:00 P.M. APRIL 7, 2014 1150 O Street, Greeley, CO 80631 I. Welcome - Call Meeting to Order II. Elect Chair for Nominating Committee III. Submit letter from High Plains Library District Attorney Submit letter from HPLD Board member IV. County Attorney's comment on letter(s) Copy of the Statute for nominating process Bylaws in the record County Attorney explains "good cause" for the record V. City of Greeley request to postpone VI. Discussion on removing all Board members VII. Discussion on nominating process VIII. Each jurisdiction brings forward their nomination for the HPLD Board IX. Nominating Committee votes on each nomination to be recommended to jurisdictions to ratify the new Board members /142-4 Gt650, ) League of Women Voters of Greeley/Weld County P.O Box 336634 Greeley,CO 80633 wwwlwvnree%rw _ e/ sh or www.vote4/J ore d�rr l;,_ r_ _ '( (' :f�pfe( �� 2014-1279 1 -0Z3-cao/4/ 25' LlOOO� PARTICIPATING MEMBERS OF HIGH PLAINS LIBRARY DISTRICT MINUTES 4:00 P.M. APRIL 7, 2014 1150 O Street, Greeley, CO 80631 WELCOME - CALL MEETING TO ORDER: Commissioner Mike Freeman called the meeting to order. The following participating members were present: Mayor Tommy Holton, City of Fort Lupton; Weld County Commissioners Mike Freeman and Barbara Kirkmeyer; Mayor Butch White and Trustee Rob Piotrowski, Town of Ault; Trustee Ray Patch and Administrator Joe Racine, Town of Hudson; Mayor Scott Moser and Trustee Brad Moos, Town of Eaton; and Superintendant Mark Payler and President Mike Simone, Fort Lupton School District RE-8, who were present via telephone conference. II. ELECT CHAIR FOR NOMINATING COMMITTEE: Commissioner Kirkmeyer nominated Scott Moser as Chair of the nominating committee. III. SUBMIT LETTER FROM HIGH PLAINS LIBRARY DISTRICT ATTORNEY AND BOARD MEMBER: Commissioner Freeman submitted a letter from the High Plains Library District ("HPLD") Attorney, Nathan Godsey, dated April 7, 2014, as well as a letter from Stan Sameshima, HPLD Board member, for the record. IV. COUNTY ATTORNEY'S COMMENT ON LETTER(S); EXPLAINS "GOOD CAUSE" FOR THE RECORD: Bruce Barker, County Attorney, distributed a letter, dated April 7, 2014, in response to the letter from Mr. Godsey, which was sent to the legislative entities of the HPLD earlier today. He cited three issues of agreement as well as answers to statements which he indicated were inaccurate. Mr. Barker also stated "Good Cause" is not defined in the bylaws; however, the legislative bodies have the authority to define what good cause means to them. He further stated each of the legislative bodies is able to provide minutes of each of their actions concerning ratification of appointments. Concerning removal - the statute is clear requiring a majority of the original legislative entities. He stated a two-thirds vote of all entities is required for ratification and noted he also discussed review of statutes with City of Greeley Attorney. COPY OF THE STATUTE FOR NOMINATING PROCESS: Submitted by Mr. Barker. BYLAWS IN THE RECORD: Submitted by Mr. Barker. V. CITY OF GREELEY REQUEST TO POSTPONE: Mayor Tom Norton was unable to stay for the meeting; however, he provided a letter, dated April 7, 2014, to each of the participating representatives requesting postponement of this meeting until after the City's meeting tomorrow. Those present and participating indicated their desire to proceed today. A copy of Mr. Barker's letter will be forwarded to the City of Greeley. VI. DISCUSSION ON REMOVING ALL BOARD MEMBERS: Those present unanimously indicated their desire to proceed with removing all Board members. VII. DISCUSSION ON NOMINATING PROCESS: Commissioner Freeman turned the meeting over to the nominated Chair, Scott Moser. A member of the public requested opportunity for public input and expressed opposition to the proposed course of action. Mayor Holton indicated this process has been going on for years and today's action does not finalize the matter, rather, this is simply a nominating process which will be taken back to the various legislative Boards for formal action. Commissioner Kirkmeyer clarified this is a selection committee process and the formal process of removal has to go back to each of the representing legislative boards. VIII. EACH JURISDICTION BRINGS FORWARD THEIR NOMINATION FOR THE HPLD BOARD: A Draft Resolution was proposed for review. A motion was duly made and seconded to appoint Fort Lupton Mayor Tommy Holton to serve the remainder of the term for Karen Rademacher, which expires December 31, 2015. The motion carried unanimously. A motion was duly made and seconded to appoint Mike Simone, Fort Lupton School District RE-8 President, to serve the remainder of the term for Lucile Arnusch, which expires December 31, 2016. The motion carried unanimously. A motion was duly made and seconded to appoint Eaton Mayor Scott Moser to serve the remainder of the term for Jacqueline Maslow, which expires December 31, 2016. The motion carried unanimously. A motion was duly made and seconded to appoint Ault Mayor Butch White, to serve the remainder of the term for Brian Larson, which expires December 31, 2016. The motion carried unanimously. A motion was duly made and seconded to appoint Commissioner Mike Freeman to serve the remainder of the term for Claud Hanes, which expires December 31, 2014. The motion carried unanimously. A motion was duly made and seconded to appoint Hudson Mayor Ray Patch to serve the remainder of the term for Stan Sameshima, which expires December 31, 2017. The motion carried unanimously. A motion was duly made and seconded to appoint Greely Mayor Tom Norton to fill the vacant Trustee position with a term to expire December 31, 2018. The motion carried unanimously. IX. NOMINATING COMMITTEE VOTES ON EACH NOMINATION TO BE RECOMMENDED TO JURISDICTIONS TO RATIFY THE NEW BOARD MEMBERS: Mr. Barker indicated he will provide copies of the draft Resolutions for use by each of the jurisdictions in preparation for their public meetings. Each entity indicated the dates and times of their upcoming meetings. GODSEY RECEIVED LAW OFFICE LLc APR 10 2014 WELD COUNTY COMMISSIONERS April 7,2014 SENT BY EMAIL AND USPS MAIL Butch White,Mayor Scott Moser,Mayor Lyle Achziger,Mayor Town of Ault Town of Eaton City of Evans 201 1'4 Street,PO Box 1098 223 1°°Street 1100 37th Street Ault,CO 80610 Eaton,CO 80615 Evans,CO 80620 Tommy Holton,Mayor Mark Payler,Superintendent Tom Norton,Mayor City of Fort Lupton Weld County RE-8 School District City of Greeley 130 S.McKinley Avenue 301 Reynolds Street 1000 10th Street Fort Lupton,CO 80621 Fort Lupton,CO 80621 Greeley,CO 80631 Ray Patch,Mayor Weld County Board of Commissioners Town of Hudson 1150 O Street 557 Ash St.,PO Box 351 Greeley,CO 80632 Hudson,CO 80642-0351 RE: High Plains Library District: Trustee Nomination, Ratification, and Removal Processes Dear Representatives of the HPLD establishing legislative bodies: This letter is written to express the legal understanding of the High Plains Library District Board of Trustees ("HPLD Board") regarding the HPLD trustee nomination, removal, and ratification processes, in response to recent actions taken by some of the eight legislative bodies which acted to establish the HPI,D (the "Establishing Bodies"). Please review Attachment A for a brief recent history of these actions. The HPLD Board views recent actions instigated by the Weld County Commissioners to be an attempted hostile takeover of the HPLD. The HPLD Board is dismayed by the Weld County Commissioners' questionable actions to implement profound structural changes within the HPLD's governance structure, based on what appear to be policy differences between the HPLD Board and member libraries, rather than violations of legal, ethical, or contractual duties; and despite numerous unresolved and disputed questions of law and procedure. Communications and Open Meetings Law Compliance: Tt seems apparent that the Weld County Commissioners view themselves as holding authority to direct changes to the HPLD nomination process even in the absence of formal authorization by the other seven Establishing Bodies, and despite the legitimate questions raised regarding whether the Establishing Bodies delegated the trustee nomination process either expressly (but informally), or implicitly. Henceforth, the HPLD Board requests that all communications, including discussions via email and/or meetings, by the Weld County Commissioners be made in a manner that clearly establishes the basis of authority for such communication. WWW.GODSEYLIAWOFFICE.COM PH (970) 405-8513 FAX (970) 454-6238 216 FIRST STREET, SUITE A - EATON. CO 80615 The HPLD Board believes that changes to the nomination process should be based on consensus among the eight Establishing Bodies, rather than by directive of the Weld County Commissioners alone. Finally, the HPLD Board is concerned that the Weld County Commissioners appear to have adopted an approach in which the directive of any single commissioner is to be viewed as an authoritative directive of the entire Weld County Board of County Commissioners. The HPLD Board believes that open meetings laws would be best upheld by the keeping of minutes when any such directive is deliberated. The HPLD Trustee Nomination Process: As noted in Attachment A, the Weld County Commissioners have scheduled a nominating committee meeting for April 7, 2014, at which the Establishing Bodies (except the City of Evans, which appears to have been excluded from the Weld County Commissioners' invitation) have been directed to select one nominee from each of their local boards to be chosen to be seated in the seven HPLD Board of Trustee seats. The HPLD Board believes that the only appropriate next step is to postpone the purported April 7 nominating committee meeting until the Establishing Bodies reach consensus on the following questions: (1) whether the HPLD trustee nomination process which has existed for the past nine years will remain in place, and (2) if the process is to be changed,what form it will take. The HPLD Board affirms that the eight Establishing Bodies have statutory authority over the nomination process under Colorado Library Law. The HPLD Board's understanding has been that the process was delegated to the HPLD Board in one of two possible ways: (1) Expressly,but without formal resolution: HPLD Board representatives did attend Establishing Body board meetings in 2005, and apparently received the express informal approval of the Establishing Bodies to change the nomination process. (See Attachment B, Weld Library District Letter to Establishing Bodies RE: Changing Nomination Process, dated July 5, 2005). (2) Implicitly: According to the Colorado State Library, implicit delegation of the nomination process often occurs in library districts throughout Colorado. Either approach could easily be construed as having occurred by virtue of the Establishing Bodies' ratification of HPLD trustees under the changed process for the past nine years. The HPLD Board notes that it does not stand alone in this view, as demonstrated by the statements of certain representatives of the City of Greeley. The HPLD Board is deeply concerned that the Weld County Commissioners have sought to change the HPLD trustee nomination process without giving the HPLD Board any notification of such change. Although the Establishing Bodies have ultimate authority over the nomination process, the HPLD Board has a vested interest in it, and has supported the process since 1986. Henceforth, the HPLD Board requests to be informed by the Establishing Bodies regarding any proposed procedural changes which clearly and significantly impact the HPLD's governance and operations. The HPLD Board suggests that if the Establishing Bodies choose to change the 2 nomination process, other municipalities served by the HPLD be given a role in the process, in order to promote inclusiveness, rather than concentration of influence over the nomination process in the hands of a the member library communities. Removal of the Entire HPLD Board: The HPLD Board is unwilling to accept a hostile takeover of the entire HPLD Board based on as-yet unarticulated examples of as-yet undefined "good cause" for removal. The I-IPLD Board does not take lightly the differing policy views which obviously exist between the Establishing Bodies and the HPLD Board. However, such differences do not constitute good cause to remove the entire HPLD Board. The HPLD Board notes that in Colorado library districts, the trustee removal process is typically initiated by a recommendation of the library district board to the establishing legislative body/bodies. In this case, the HPLD Board is unaware of any conduct which could be construed as good cause for removal of any single I-IPLD trustee, much less every sitting trustee. Moreover, the Establishing Bodies have yet to even communicate any such violations of duty to the HPLD Board. The I-IPLD Board strongly suggests that as a prerequisite to any vote by the Establishing Bodies regarding trustee removal, the specific factual basis in favor of each trustee's removal be formally communicated. Prior to any drastic action by the Establishing Bodies, such alleged breaches of conduct should appropriately be presented to the HPLD Board out of basic deference to its role and authority under Colorado law. The HPLD Board notes that the Weld County Attorney has proposed procedural approaches to the trustee removal and ratification procedures which are in conflict with the Weld County Attorney's own recent analysis of such processes. Moving forward with such approaches may result in violation of the Colorado Library Law and the HPLD Bylaws. The tables below summarize the Weld County Attorney's recent analyses of the library district trustee removal and ratification processes, as well as equivalent provisions of Colorado Law, and the HPLD Bylaws: Trustee Removal 3 Analysis Stated by Weld County Attorney at Majority vote of all (8 of 8) Establishing February 19, 2014 HPLD Trustee Bodies required for trustee removal Nomination Committee Meeting Analysis Stated by Weld County Attorney at Majority vote of only a majority (5 of 8) of the April 1, 2014 Meeting between Weld County Establishing Bodies required for trustee Commissioners and Other Establishing removal Bodies (except Evans) C.R.S. § 2490-108(5) "A library trustee may be removed only by a majority vote of the appointing legislative body or bodies but only upon a showing of good cause as defined in, but not limited to, the bylaws adopted by the board." HPLD Bylaws § 5 "A Trustee may be removed only by a majority vote of the appointing legislative body or bodies, but only upon a showing of good cause." Trustee Ratification Analysis Stated by Weld County Attorney at Two-thirds vote of all (8 of 8) Establishing February 19, 2014 HPLD Trustee Bodies required for HPLD trustee nominee Nomination Committee Meeting ratification Analysis Stated by Weld County Attorney at Majority vote of only two-thirds (6 of 8) of the April 1, 2014 Meeting between Weld County Establishing Bodies required for trustee Commissioners and Other Establishing nominee ratification Bodies (except Evans) C.R.S. 24-90-108(2)(c) "Trustee appointments shall be ratified by a two-thirds majority of the legislative body" HPLD Bylaws (Appendix A,Paragraph 5) "All nominations must be ratified by a two- thirds majority of the seven (7) [sic] legislative bodies." The HPLD Board believes that due to difference in readings of the statute, and potentially ambiguous statutory language, the appropriate next-step would be to pursue clarification from the Colorado State library regarding the settled reading and application of these important procedural provisions. If the statutes are found to be ambiguous or unclear, the HPLD Board believes that the appropriate next step would be to seek legislative action to clarify the statutes. In the short-term, the HPLD Board strongly suggests discussion between the HPLD 4 Board and Establishing Bodies, rather than immediate and drastic action under a potentially flawed process, which is likely to result in controversy, immediate confusion regarding governance of the HPLD, and irreparable harm to the interests of the HPLD. The HPLD Board notes that the most recent procedural analysis of the Weld County Attorney has the effect of lowering the threshold proportion of Establishing Bodies required to both remove and ratify HPLD trustees. The HPLD is concerned that following the most recent procedure proposed by the Weld County Commissioners would have the effect of disenfranchising any Establishing Bodies which do not share the majority's view regarding trustee removal and ratification. Finally, the HPLD Board notes that the City of Evans is an Establishing Body which has heretofore apparently been excluded from the steps taken by the Weld County Commissioners. The HPLD Board requests immediate inclusion of the City of Evans in order to prevent a violation of the City of Evans' rights under Colorado law. Integrated Library System: The HPLD Board notes that HPLD is currently in the process of implementing a new integrated library system ("ILS"), and is contractually bound to continue this process. The HPLD Board believes that the continued efforts of any of the Establishing Bodies to achieve a hostile takeover of the FIND Board will undermine the HPLD's efforts to fulfill its contractual obligations, and to reach good-faith agreements with the various member libraries regarding their involvement in the new 17...S. The HPLD administrative staff has been meeting with representatives of the member libraries to effectuate this goal. The HPLD Board urges the member libraries to note the Town of Hudson's recent decision to join in the "Shared Services" model,which allows each member library to enjoy a comprehensive list of library services while enhancing the delivery of library services throughout the entire library district; and preserving each member library's local ownership of library property, continuation of local library boards, and receipt of two-thirds of the mill levy from that service area. The HPLD Board notes that even if HPLD member libraries opt out of the new ILS, choosing the 'Participating Organization" model, such member libraries would remain in the HPLD while continuing to own their local libraries, maintain their local library boards, and receive two-thirds of the mill levy from their service areas. Misconceptions Regarding the HPLD Board: The HPLD Board desires to address certain lingering misconceptions which appear to be fueling the effort to remove the HPLD Board. First, the HPLD is firmly committed to adhering to all legal and contractual obligations to which it is bound. The HPLD Board has no intention to violate these obligations by forcing any member library to leave the HPLD, convert into a branch library (thereby relinquishing ownership of local libraries and/or continuation of local library boards), or to give up any portion of the 2/3 mill levy from its service area. These conditions were made permanent upon the HPLD's establishment, and will remain so in the absence of action by the Establishing Bodies. 5 The HPLD Board's commitment and purpose is to promote the entire library district's interests. While certain individuals representing the Establishing Bodies and their constituents may disagree with the HPLD Board's policies toward effectuating this purpose, such disagreements are best addressed through continued dialogue in a spirit of cooperation and mutual respect, rather than attempts to wrest away control of the I-IPLD Board. Authority of HPLD Board of Trustees: The HPLD Board reminds the Establishing Bodies that under Colorado Law, since the HPLD's establishment, the HPLD has operated as an autonomous political subdivision of the State of Colorado, and the HPLD Board had been, and remains, the sole legislative body with the statutory mandate and authority to "Adopt such bylaws, rules, and regulations for its own guidance and policies for the governance of the [High Plains Library District] as it deems expedient." (C.R.S. § 24- 90-109(1)(a)). Attempts to subject the HPLD Board to direct control by the member library boards, or to take control over any of the HPLD Board's statutorily mandated areas of authority—such as authority to enact changes to the HPLD Bylaws, as has been suggested by the Weld County Commissioners—represents a violation of the Colorado Library Law, and subversion of the policy considerations by which the Colorado Legislature chose to vest library district governance in the hands of library district boards, rather than local boards. Inappropriateness of April 7 Nomination Committee Meeting: The Weld County Commissioners have scheduled a meeting on April 7 for the purpose for pre- selecting nominees to replace the entire HPLD Board of Trustees. The HPLD Board views this step to be highly inappropriate and potentially illegal,given the fact that the entire board, with the exception of one vacant seat, is currendy seated, and serving unexpired terms. The HPLD Board notes that no action has yet been made to even define of "good cause" for removal of an HPLD trustee. Moreover, given the doubt which persists regarding the proportion of Establishing Bodies required to remove HPLD trustees, the HPLD Board concludes that any action taken at the April 7 nomination committee meeting would be immediately suspect, controversial, and harmful to the interests of the HPLD. The HPLD Board is deeply concerned that the April 7 nomination committee meeting will not represent an apolitical merit-based candidate evaluation process as envisioned under Colorado Library Law, and as reflected by the process HPLD has followed since its establishment. Rather, the Weld County Attorney has indicated via email that the HPLD Board will be replaced with one nominee from each of the Establishing Body boards, with the exception of the City of Evans, which was apparently not invited to this meeting. The HPLD Board is unaware whether this process has been agreed upon by all eight Establishing Bodies, or directed by the Weld County Commissioners alone. The nomination committee process prescribed in the Weld County Attorney's email is a clear violation of Article 1, Section 1 of the HPLD Bylaws, which requires that HPLD trustees be selected from within certain defined geographic areas, in order to ensure fair representation of all communities within the HPLD—not merely the member library 6 communities. The Weld County Commissioners and certain member library representatives have stated an intention to subject the entire HPLD to the direct governance of the Establishing Bodies, as exemplified by efforts to replace the HPLD Board, and render amendment of HPLD Bylaws subject to the approval of the Establishing Bodies in violation of the Colorado Library Law. Such suggested measures have been presented under the auspices of a supposed "original intent" of the HPLD's founding which is conspicuously absent from any of the HPLD's founding documents, and which directly contradicts the Colorado Library Law, which vests library district governance and bylaw amendment power in the hands of library district boards. The Weld County Commissioners' proposed steps would cause immediate harm to the HPLD and the taxpayers whose interests it serves. The HPLD Board requests immediate confirmation from the Weld County Commissioners that the April 7 meeting will be cancelled or at least postponed pending appropriate notice to all eight Establishing Bodies, and formal consensus amongst them regarding the form the process will follow henceforth. Failure to provide such confirmation will compel the HPLD Board to seek immediate judicial intervention. Definition of"Good Cause" for Trustee Removal: As noted by the Weld County Attorney, the HPLD Bylaws do not provide a definition of"good cause" for trustee removal. Therefore, the HPLD Board has added discussion of this issue to the forthcoming HPLD Board work session agenda. The HPLD Board reminds the Establishing Bodies that C.R.S. 24-90-109(1)(a) mandates that Colorado library district boards—not establishing legislative bodies—have authority to define "good cause" for trustee removal. Therefore, pending the HPLD Board's action to provide such a definition, the Establishing Bodies should refrain from any further action regarding trustee removal, as doing so would represent a violation of Colorado Library Law, a usurpation of the HPLD Board's authority, and an imminent threat of harm to the HPLD. The HPLD Board hopes that the Weld County Board of Commissioners will relent in its above-described efforts. The HPLD Board sincerely desires continued engagement with the Establishing Bodies in a manner that recognizes the authority, role, and interests of all parties involved. Sincerely, ✓� -1 Nathan A. Godsey cc: High Plains Library District Board of Trustees Colorado State Library 7 GODSEY LAW OFFICE LLG ATTACHMENT A: RECENT HISTORY OF EVENTS BETWEEN THE HPLD BOARD AND ESTABLISHING BODIES In 1985,HPLD (then known as the Weld Library District) was established as a political subdivision of the state of Colorado by the action of seven legislative bodies; namely, the boards of Ault, Eaton, Fort Lupton, Greeley, Hudson, Weld County School District RE-8, and the Weld County Commissioners (collectively, the "Establishing Bodies"). Colorado Revised Statutes § 24-90-108(2)(c) provides the process by which library boards of trustees are initially appointed, and by which board vacancies may be filled thereafter: In a library district established by more than one governmental unit, the legislative body of each participating governmental unit shall appoint two of its members to a committee that shall appoint the initial board of trustees. Thereafter, any such legislative body or bodies may either continue such a committee or delegate to the board of trustees of the library district the authority to recommend new trustees. In 2005, HPLD representatives sent correspondence to, and attended board meetings of the Establishing Bodies, proposing a change to the nomination process, which to date had been hampered by low participation. The Establishing Bodies apparently agreed to changc the nomination process such that the nomination committee would henceforth be composed of one representative from each of the Establishing Bodies, and two representatives from the HPLD Board, one of whom would chair the nominating committee meeting. Since then, the Establishing Bodies have ratified numerous nominees recommended by the nomination committee under the current process. The most recent nomination committee meeting occurred on February 19, 2014. At that meeting, Weld County Commissioner Kirkmeyer announced the view of the Weld County Commissioners that the current nomination process was in violation of the Colorado Law, due to the absence of any formal delegation of the process by the Establishing Bodies to the HPLD Board. Commissioner Kirkmeyer's perspective was disputed by the Greeley City Council representative at the nomination committee meeting, who argued that the HPLD Board had been delegated authority over the nomination process. Commissioner Kirkmeyer noted that no express delegation had occurred, and that in the absence of express delegation, the nomination process had to revert to the statutory default. HPLD Attorney Nathan Godsey noted that according to Colorado State Library Attorney WWW.GODSEYLIAWOFFICE.COM PH (970) 405-8513 FAX (970) 454-6238 216 FIRST STREET, SUITE A - EATON, CO 80615 r Jacqueline Murphy, implicit delegation of authority over the nomination process has often occurred in other library districts in Colorado. At the meeting, Weld County Attorney Bruce Barker stated his view that the HPLD Bylaws appear to be at odds with the Colorado Library Law, because in his view, the Colorado library law requires a two-thirds majority vote by all of a library district's establishing legislative bodies. Commissioners Kirkmeyer and Freeman raised the possibility of seeking to remove the entire HPLD Board. The Weld County Attorney noted that the Colorado Library Law requires a finding of"good cause" for such removal, and vests authority in library district boards to define "good cause" in their bylaws. The Weld County Attorney noted that the HPLD Bylaws do not provide any such definition. The Weld County Attorney suggested that in the absence of a definition for good cause in the HPLD Bylaws, the establishing legislative bodies could make their own definition. The nomination committee meeting ended without resolution of several issues, including: the status of the nomination committee process; the proportion of establishing legislative bodies needed to ratify trustee nominees; and the definition of "good cause" for trustee removal. On March 25, 2014 the Weld County Commissioners sent an email to the city governments of Ault, Eaton, Fort Lupton, the Fort Lupton RE-8 School Board, Greeley, and Hudson, stating the following: Commissioners Barb Kirkmeyer and Mike Freeman have requested that the member entities (Weld/Ault/Eaton/Greeley/Ft Lupton/Ft Lupton Schools/Hudson) of the High Plains Library District come together for a meeting to discuss the nominating process and possible bylaw modifications by the HPLD, more specifically what constitutes "good cause". The I-IPLD Board was not sent this email, except that HPLD Trustee Claud Hanes received the email at his Fort Lupton Town Administrator email address. At the meeting, Weld County Director of Finance Don Warden gave a history of the HPLD's establishment, stating that the member libraries were only willing to enter the library on three permanent conditions: (1) the member library towns would maintain title to their local libraries; (2) the member library towns would continue their local library boards; and (3) the member libraries would receive two-thirds of the library district's new mill levy to be gathered from the member libraries' respective services areas. At the meeting, numerous complaints were expressed regarding the HPLD Board and Director. Greeley Mayor Tom Norton stated his disagreement with 2 Commissioner Kirkmeyer's assertion that the HPLD Bylaws could be circumvented with regard to the trustee nomination process. Following these discussions, Commissioner Freeman and the Weld County Attorney proposed action intended to remove the entire HPLD Board of Trustees. The Weld County Attorney re-stated that the Establishing Bodies would need to agree upon a definition of "good cause" for trustee removal, given the absence of such definition in the HPLD Bylaws. Notably, the Weld County Attorney gave legal guidance regarding the trustee removal and ratification processes which differed than his analysis given at the February 19th nomination committee meeting. He asserted that the entire HPLD Board could be removed by the agreement of a mere majority of the Establishing Bodies (5 of 8); rather than by majority votes of all Establishing Bodies (8 of 8). Further, he asserted that ratification of a replacement board of trustees could occur by the agreement of a mere two-thirds (6 of 8) of the Establishing Bodies, rather than by a two-thirds approving vote made by all of the Establishing Bodies (8 of 8). Commissioner Freeman ended the meeting by urging the Establishing Bodies to act quickly to complete the process of removing the entire HPLD Board. While certain member community representatives did attend this meeting, it does not appear that the meeting occurred under the auspices of formal authorization by any the Establishing Bodies except the Weld County Commissioners. On Wednesday, April 2, the Weld County Attorney sent an email to the Establishing Bodies with two attached draft resolutions, to be used by the Establishing Bodies' boards to first remove and then replace the entire HPLD Board with pre-selected trustee nominees. The Weld County Attorney advised the Establishing Bodies that a meeting is scheduled for Monday, April 7th at which the Establishing Bodies would be directed to choose one member from each of their seven respective local library boards to replace one HPLD outgoing trustee. The City of Evans does not appear to have been invited to this meeting, despite being one of the Establishing Bodies. No notice of this meeting was given to the HPLD Board. 3 A'ri'ACI IMENT B Weld Library District Julys, 2005 Thank you for giving the Weld Library District time on your agenda to discuss with you our desire to improve the process whereby Weld Library District Board of Trustee members are selected. The options we presented include: 1. Continue our current process;or 2. Jurisdictions delegate to the Weld Library District Board of Trustees the responsibility to select and ratify our own Board members; or 3. Jurisdictions agree to expand the number of jurisdictions involved to be more representative of the District's population and geography. Currently,we would suggest adding representatives from Erie, and representatives from the Frederick/Firestone areas; or 4. Jurisdictions delegate to the WLD Board of Trustees the responsibility for recruitment,interviewing and recommending candidates. The WLD Board would then send the recommended candidate's application,resume and summary of Board findings to Towns for ratification.This may include expanding the number of jurisdictions involved, as stated in#3. We intend to discuss your feedback about these proposals at the August 22 Board meeting. We look forward to your input. Sincerely, Janine A. Reid Executive Director Branch Libraries: Administration Bookmobile Services Carbon Valley Branch Library.Frederick:Centennial Park Branch Library,Greeley 1939 61st Avenue Farr Branch Library,Greeley Lincoln Park Branch Library,Greeley Greeley,CO 80634-7940 Member Libraries: Eaton Public Library Fort Lupton Public and School Library Glenn A.Jones,M.D.Memorial Lrbiary.Johnstown (970)506-8550 Hudson Public Library Northern Plains Public Library.Platteville Public Librar: Fax:(970)506-8551 Affiliated Library: Wellspring Health Library North Colorado Medical Center,Greeley Tuesday,July 5, 7:00 p.m. Ault Town Hall Brian Larson,Marge Curtiss,Ron Baker,Janine Reid Brian: Lead introductions Make statement Marge: Pose question: How are Weld Library District Board of Trustees selected? Colorado Library Law: 24-90-108. Board of trustees of public libraries. (1)The management and control of any library established, operated, or maintained under the provisions of this part 1 shall be vested in a board of not fewer than five nor more than seven trustees. Appointees to the library board of trustees shall be chosen from the residents within the legal service area of the library. (2) (a) In cities and towns the trustees shall be appointed by the mayor with the consent of the legislative body. (b)In counties the trustees shall be appointed by the board of county commissioners. (c) In library districts, the legislative body of each participating governmental unit shall appoint two of its members to a committee that shall appoint the initial board of trustees. In a library district established by only one governmental unit, the legislative body of the governmental unit shall decide the number of members to be appointed to the committee formed to appoint the initial board of trustees in accordance with the requirements of this paragraph (c). Thereafter, any such legislative body may either continue such a committee or delegate to the board of trustees of the library district the authority to recommend new trustees. Trustee appointments shall be ratified by a two-thirds majority of the legislative body; except that the failure of a legislative body to act within sixty days upon a recommendation shall be considered a ratification of such appointment. Janine: Current Process: Terms expire 12/31. Two or more months prior to an expired term, WLD advertises for candidates in the Greeley Tribune (County paper of record) and the newspaper local to the area to be represented. WLD chooses a meeting date and time for the Nominating Committee to gather. The date and time usually occur on the day and prior to, a regular Board meeting. WLD sends letters to the jurisdictions that,by resolution,originally formed the Weld Library District: Town of Ault Town of Eaton City of Fort Lupton City of Greeley Town of Hudson Weld County Board of Commissioners Weld County School District RE-8 Each jurisdiction is invited to appoint two representatives to serve on the Nominating Committee. The Nominating Committee reviews applications,interviews candidates,and chooses the Board member. After the Nominating Committee reaches consensus, WLD sends out letters informing each jurisdiction of the selection. Each jurisdiction is asked to ratify the person selected. The jurisdiction has 60 days to respond; otherwise,the ratification is In Practice: Inconsistent, low response to our request for Nominating Committee members. Limited response to ratification request. Original process based on representation from jurisdictions that already had a public library. We have added a 4th branch and plan to build 2 more in the southwest portion of the county. Ron: Reason for our visit here: We want to improve the selection process to be as inclusive as possible in this large District, and to get more involvement from elected officials who are responsible for selecting the WLD Board of Trustees. Options: 1. Continue our current process,or 2. Jurisdictions agree to expand the number of jurisdictions involved to be more representative of 2005 population(add Erie,Frederick,Firestone),or, Our recommendation: 3. Jurisdictions agree to a change,which may be to a. expand the number of jurisdictions involved in the ratification process, b. Delegate to the WLD Board of Trustees the responsibility for recruitment,interviewing and recommending candidates. c. WLD Board sends application,resume and summary of Board findings to Towns for ratification. We are interested in your opinions about the proposed changes. Please think about and respond to us before our August 22 Board meeting. Ind area of concern: (for information purposes) Lack of community representation on WLD WLD Board,by statute,needs to be 5 or 7 members. Show map 1: current Board representation We want our Board members to represent the entire Weld Library District. The population has shifted,and no longer is clustered around Highway 85. Because our District encompasses almost 4,000 square miles,we are also considering a geographic approach to representation. Show map 2: proposed Board redistricting Revisit the districting after each census. Brian: conclusion We are interested in your reaction.At our August 22 WLD Board of Trustees meeting, we will be discussing how we can go forward. Q&A r RESPONSE TO INQUIRIES ABOUT HPLD TRUSTEE REMOVAL AND REPLACEMENT—Stan Sameshima I'm writing in response to questions I've received concerning recent actions of the Weld County Board of Commissioners. On Thursday, April 3rd, I became aware of the Weld County Commissioners' intent to remove all of the current members of the board and replace them with new members.As I am not a lawyer, I am not qualified to evaluate the legality of this action. I do think that there is a question not only of the legality of replacing the current board members, but also of the wisdom of such an action. I have not seen the document that shows "good cause"to remove the current members of the High Plains Library Board, so cannot comment on it, but it is apparent that the Weld County Commissioners, 6 municipalities, and one school district plan on removing all the members of the High Plains Library District Board of Trustees and replacing them with appointees chosen by each of the governing entities. [Specifically for Friends of the Kersey Library and Museum Board and Kersey Town Council members. Part of my reason for sending this information is to inform you that if the Weld County Commissioners are successful in removing all current members of the High Plains Library Board, I will no longer be your representative. I'm writing from a position of uncertainty as I have not been told anything by the commissioners and I doubt that they will contact you. I see this as a hostile takeover of the HPLD Board! You may want to find someone who will represent you and urge the Weld County Commissioners or the towns involved in the selection process to appoint a person that you choose.Apparently, representatives will not be chosen from the geographic districts currently used, but will be appointed at will by the governing entities. (see below) I was appointed to the High Plains Library Board in January of 2013, and have been working to become familiar with the current duties and responsibilities of the board and its relationship to the member libraries, branch libraries,the executive director of the library district and its staff, and the governmental units involved.There is a long history of the relationship between these entities and having been on the board for only a year, I am not completely qualified to comment on that history, but here is my opinion and my best estimate of the situation. The High Plains Library District is currently divided into 6 geographic areas. One trustee is chosen from each area and a 7th trustee is chosen as an at-large trustee.The process currently used to select members for the Board of Trustees is that after advertising an open position, candidates are then interviewed by a nominating committee which recommends one of the nominees for approval.The nominee selected for approval must be approved by 2/3 of the original founding entities named in the original Weld County ordinance. If there is no response from the governing entities rejecting the nominee it is assumed that they have accepted the nomination.The governing entities are: 1) Weld County Board of Commissioners, 2) City of Greeley, 3)Town of Eaton,4)Town of Ault, 5)Town of Hudson, 6) City of Fort Lupton, and 7) Fort Lupton School District Re-8.The city of Evans is also mentioned in the original document, but I don't know about its current legal status The members of the nominating committee which interviews the nominees consists of two members of the current High Plains Library Board of Trustees (one of which serves as the chair of the committee), one member of the Weld County Board of Commissioners, one person representing the City of Greeley, one from the Town of Eaton, one from the Town of Ault, one from the Town of Hudson,one from the City of Fort Lupton, and one from Fort Lupton School District Re-8.This committee process has been part of the bylaws of the HPLD Board of Trustees for some time after it evolved from the original formation of the district in 1985. Assuming that the commissioners are using the original Ordinance No. 137, http://wldtechss.sharepointspace.com/Shared%20Documents/Ordinance%20137%20- %20Establishment%20of%20District.pdf passed on or about 09/11/1985 to form the Weld Library District(now the High Plains Library District),their intent is to remove the two HPLD Board of Trustees members from the selection process and leave the selection and approval of the board members in the hands of the entities that formed the original library district.That selection process would be done by two elected members of each of the following: 1) Weld County Board of Commissioners, 2) City of Greeley, 3)Town of Eaton,4)Town of Ault, 5)Town of Hudson, 6) City of Fort Lupton, and 7) Fort Lupton School District Re-8. In December of 1990, Greeley chose to "merge" into the High Plains Library District, at that time called the Weld Library District.After this merge, Greeley's libraries became branch libraries transferring materials, control, and all tax levies to the High Plains Library District.All of Greeley's libraries, Centennial Park, Farr, and Lincoln Park are now under the umbrella of the High Plains Library District as are Carbon Valley, Erie, and Kersey. I am assuming that although Greeley is no longer a "member" library, Greeley would still be given a voting privilege equal to each of the member libraries. Without counting Greeley's patrons, the remaining 5 "member" libraries would control 5 of the 7 votes that determine the membership of the HPLD Board.Those 5 libraries today represent about 10%of the district's patrons.The other vote would be that of the Weld Board of Commissioners. Apparently, commissioners are using Colorado library law C. R. S. 24-90-108(2)(c) and saying that while the current process has been in place for some time,that because each of the Town Councils,City Council and School District did not specifically by formal resolution or ordinance (I'm not a lawyer)give away their power to the HPLD Board, then they may reinstate that authority now. http://www.cde.state.co.us/cdelib/librarylaw/part1 (c). In a library district established by more than one governmental unit,the legislative body of each participating governmental unit shall appoint two of its members to a committee that shall appoint the initial board of trustees.Thereafter, any such legislative body may either continue such a committee or delegate to the board of trustees of the library district the authority to recommend new trustees. (I thought that the nominating process was in need of revision, but in a forward looking direction rather than this move backwards!) I am sorry that I can't include more detailed information here, but there has been conflict between the member libraries and the library board for some time and I do not know if there was one significant "triggering"event.There had been complaints ranging from how money was spent,technology being used, and the latest conflict has been friction over a new software system for the district and having uniform policies for checkout times, fines, and etc. for member libraries. The original county ordinance called for 2/3 of tax revenue collected in a member library's district to go directly back to the member library.This has always been done and the HPLD budget has always been available to the public and has won awards for Excellence in Financial Reporting and transparency. http://www.mylibrary.us/news/view/103 I thought that other conflicts were in the process of being worked out between the executive director and staff and the member libraries. I won't speculate any further, but there have been a number of complaints or perceived injustices that I thought were resolved or in the process of being resolved or perhaps matters of differing points of view. r I wanted to tell you what I know as soon as possible as the Weld Board of Commissioners and the member libraries are meeting on Monday,April 7, 2014.The HPLD Board of Trustees met today, Saturday 4/5/14 to be advised by our lawyer and to authorize the lawyer to send a letter questioning the process of removing all currently sitting board members without communication and with questionable legal procedures regarding High Plains Library District Bylaws and Colorado State Library laws, and changing the nomination process without communicating with the board or any patrons of the library district. I don't know exactly how many member libraries are in favor of these actions, but apparently enough to vote to move forward. Finally, regardless of the outcome of the current activity, it has been an honor and privilege to serve my short time on the Board of Trustees for such an outstanding organization as the High Plains Library District! Respectfully, Stan Sameshima WELD COUNTY ATTORNEY'S OFFICE x862 y 1150 O STREET r.� P.O. BOX 758 GREELEY, COLORADO 80632 PHONE: 970-336-7235 G O U GOT Y,71 FAX: 970-352-0242 April 7, 2014 Nathan A. Godsey, Esq. Godsey Law Office 216 First Street, Suite A Eaton, Colorado 80615 Re: Response to Your Letter of April 7, 2014, Regarding the High Plains Library District Trustee Nomination, Ratification and Removal Processes Dear Mr. Godsey: In your letter of April 7, 2014, Regarding the High Plains Library District ("HPLD")Trustee nomination, ratification and removal processes, you agree to three important things: 1. The legislative bodies of the original government entities have the right to remove HPLD Trustees for"good cause." 2. The current HPLD bylaws do not define "good cause." 3. The legislative bodies have the right to select and ratify new Trustees. You have made several statements in your letter witch I believe are inaccurate. They are as follows: a. Statement: The nomination process has been delegated to the HPLD Board of Trustees either expressly, by receiving the "express informal approval" of each of the legislative bodies, or implicitly, by the legislative bodies ratifying nominations under the process detailed in Appendix A of the HPLD bylaws for a period of nine years. Answer: There is no written approval of such delegation by any of the legislative bodies. Additionally, there is no indication from any of the legislative bodies that their meetings with HPLD staff in 2005 constituted any type of express delegation. Finally, participating in the ratification of nominations may have meant that the legislative bodies were willing to ratify individual nominees, but there is no indication such ratifications amounted to delegation of the selection process to the HPLD Board. Letter, Nathan A. Godsey April 7, 2014 Page 2 b. Statement: The fact that HPLD Board policy and direction is not consistent with the original intent of the establishing entities cannot amount to "good cause" for removal of the current HPLD Trustees. Answer: As stated above, the HPLD bylaws do not define "good cause" for removal. Therefore, it is entirely up to the legislative entities having singular authority to remove the Trustees to define what "good cause" means to them. If they choose to say that not following the original intent is "good cause, then that is"good cause" for removal. Neither the Board of Trustees, nor the current bylaws,at this point determine what that term means. c. Statement: The City of Evans was one of the original government entities. Answer: the City of Evans does not enjoy the same status as the other municipalities that created the HPLD. Evans did not have an"organized library"at the time of creation as evidenced by Exhibit A of the Weld County Ordinance 137 and cited in the last paragraph on page 1 of Ord. 137. In addition, Evans' Resolution 29-1985 states that they"intended"to establish a library, but have never done so. Also, paragraph 7 of the Evans resolution 29-1985 states that, "should the City of Evans begins `operating' a library, this library could become a participating library in the Weld Library District..." To date, Evans has not done so. Please feel free to call me at (970) 356-4000, ext. 4390, if you have any questions or if I may provide further information. S.et;'rely, L �Z race T. Barker Weld County Attorney pc: Don Warden, Interim Director of Finance and Administration Westlaw Delivery Summary Report for BARKER,BRUCE T Date/Time of Request: Wednesday,January 29,2014 16:14 Mountain Client Identifier: LIBRARY Database: CO-ST-ANN Citation Text: CO ST§24-90-109 Lines: 168 Documents: Images: 0 The material accompanying this summary is subject to copyright. Usage is governed by contract with Thomson Reuters, West and their affiliates. Westlaw C.R.S.A. §24-90-109 Page 1 C Effective: August 11,2010 West's Colorado Revised Statutes Annotated Currentness Title 24.Government--State Libraries "1i Article 90.Libraries(Refs&Annos) NM Part 1. Library Law ♦-r §24-90-109.Powers and duties of board of trustees (1)The board of trustees shall: (a)Adopt such bylaws,rules,and regulations for its own guidance and policies for the governance of the library as it deems expedient. The bylaws shall include, but not be limited to, provisions for the definition of good cause to be applied in the removal of a trustee pursuant to section 24-90-108(5);designation of those officers to be appointed or elected and the manner of such appointment or election;rules and regulations for the conducting of meetings;rules for public participation in meetings;and procedures for amending the bylaws.The bylaws of a library district shall further provide for the length and number of terms of board members.A copy of the bylaws shall be filed with the legislative body of each participating governmental unit and the state library in accordance with section 24-90-105(1)(m). (b)Have custody of all property of the library, including rooms or buildings constructed, leased,or set apart therefor; (c)Employ a director and, upon the director's recommendation,employ such other employees as may be necessary. The duties of the director shall include,but not be limited to: (I) Implementing the policies adopted by the board of trustees pursuant to paragraph (a) of subsection (1) of this section; (II)Recommending individuals for employment by the board of trustees;and (III)Performing all other acts necessary for the orderly and efficient management and control of the library. (d)Submit annually a budget as required by law and certify to the legislative body of the governmental unit or units that the library serves the amount of the mill levy necessary to maintain and operate the library during the ensuing year; ©2014 Thomson Reuters.No Claim to Orig.US Gov. Works. C.R.S.A. §24-90-109 Page 2 (e)(I) In county and municipal libraries, have exclusive control and spending authority over the disbursement of the library funds as appropriated by its legislative body, including all assets of the public library fund, as set forth in section 24-90-112(2)(a); (II) In library districts, adopt a budget and make appropriations for the ensuing fiscal year as set forth in part 1 of article 1 of title 29,C.R.S.,and have exclusive control and spending authority over the disbursement of library funds as set forth in section 24-90-112(2)(a); (0 Accept such gifts of money or property for library purposes as it deems expedient; (g)Hold and acquire land by gift, lease,or purchase for library purposes; (h)Lease,purchase,or erect any appropriate building for library purposes and acquire such other property as may be needed therefor; (i) Sell, assign, transfer, or convey any property of the library, whether real or personal,which may not be needed within the foreseeable future for any purpose authorized by law, upon such terms and conditions as it may approve, and lease any such property,pending sale thereof, under an agreement of lease,with or without an option to purchase the same. The board, prior to the conveyance of such property, shall make a finding that the property may not be needed within the foreseeable future for library purposes,but no such finding shall be necessary if the property is sold or conveyed to a state agency or political subdivision of this state. (j) Borrow funds for library purposes by means of a contractual short-term loan when moneys are not currently available but will be in the future. Such loan shall not exceed the amount of immediately anticipated revenues, and such loan shall be liquidated within six months. (k)Authorize the bonding of persons entrusted with library funds; (1)(I)In the case of a county or municipal library,submit financial records for audit as required by the legislative body of the appropriate governmental unit;or (II)In the case of any library district,conduct an annual audit of the financial statements of the district. (m)Adopt a policy for the purchase of library materials and equipment on the recommendation of the director; (n)Hold title to property given to or for the use or benefit of the library,to be used according to the terms of the gift; (o)Deleted by Laws 2009,Ch. 74, §6,eff.Aug.5,2009. ©2014 Thomson Reuters.No Claim to Orig.US Gov. Works. C.R.S.A. §24-90-109 Page 3 (p)Have the authority to enter into contracts; (p.5)Maintain a current,accurate map of the legal service area and provide for such map to be on file with the state library; (q)Receive the true and correct copies of all school district collective bargaining agreements submitted pursuant to the "Colorado School Collective Bargaining Agreement Sunshine Act",section 22-32-109.4,C.R.S.,and create an elec- tronic or physical repository for all of said current collective bargaining agreements at the library that is available to the public for inspection during regular business hours in a convenient and identified location. (2)At the close of each calendar year,the board of trustees of every public library shall make a report to the legislative body of the town or city,in the case of a municipal library or library district formed by a municipality,or the board of county commissioners of each county having territory within the legal service area, in the case of a county library or library district,showing the condition of its trust during the year,the sums of money expended,and the purposes of the expenditures and such other statistics and information as the board of trustees deems to be of public interest. (2.5)At the close of each calendar year,the board of trustees of every public library shall make a report to the state library in the form of a response to a survey to be designed and administered by the state library. The report shall contain such other statistics and information as may be required by the state library. (3)The board of trustees of a public library or the governing board of any other publicly-supported library,under such rules and regulations as it may deem necessary and upon such terms and conditions as may be agreed upon may allow nonresidents of the governmental unit which the library serves to use such library's materials and equipment and may make exchanges of books and other materials with any other library,either permanently or temporarily. (4)In addition to the powers and duties of a board of trustees specified in subsection(1)of this section,the board of trustees of a school district supported public library,municipal library,county library,or a library district shall have the authority to request of the board of education in the case of a school district supported public library,the legislative body of the city or town in the case of a municipal library,or the board of county commissioners in the case of a county library or library district that an election be held to alter the maximum tax levied to support the school district sup- ported public library, municipal library,county library,or library district pursuant to section 24-90-112(1)(b)(III), in which case such board of education, legislative body, or board of county commissioners shall cause the vote to be held. For purposes of this subsection (4), "school district supported public library" means any library solely estab- lished and maintained by a school district for which such school district began levying a tax before the enactment of the "Colorado Library Law" on July 1, 1979. For all other purposes under this article, a school district supported public library shall be deemed a public library. CREDIT(S) Repealed and reenacted by Laws 1979, S.B.303, § 1. Amended by Laws 1990, S.B.90-54, §§ 5,6,eff. July 1, 1990; Laws 1998,Ch. 70,§2,eff.April 6, 1998; Laws 2001,Ch.72, §3,eff.Aug. 8,2001;Laws 2003,Ch.373, § 10,eff. Aug. 15,2003; Laws 2009,Ch.74,§6,eff.Aug.5,2009.Amended by Laws 2010,Ch.419, §82,eff. Aug. 11,2010. ©2014 Thomson Reuters.No Claim to Orig.US Gov. Works. C.R.S.A. §24-90-109 Page 4 HISTORICAL AND STATUTORY NOTES Laws 1998,Ch. 70,§ 1,provides: "Legislative declaration. The general assembly hereby declares that its purpose in enacting this act is to clarify that school districts that, with or without approval by the electors of the school district, began levying a tax to support school libraries before the enactment of the"Colorado Library Law"have been and shall continue to be authorized to levy a tax to support such libraries." CODE OF REGULATIONS REFERENCES Regional library service systems,see 1 CCR 301-22. LIBRARY REFERENCES Municipal Corporations G—'213. Westlaw Topic No.268. C.R.S.A. §24-90-109,CO ST§24-90-109 Current through the First Regular Session of the Sixty-Ninth General Assembly(2013) (C)2014 Thomson Reuters.No Claim to Orig. US Gov.Works. END OF DOCUMENT 2014 Thomson Reuters.No Claim to Orig.US Gov. Works. Westlaw Delivery Summary Report for BARKER,BRUCE T Date/Time of Request: Wednesday,January 15,2014 11:34 Mountain Client Identifier: LIBRARY Database: CO-ST-ANN Citation Text: CO ST§24-90-108 Lines: 92 Documents: 1 Images: 0 The material accompanying this summary is subject to copyright. Usage is governed by contract with Thomson Reuters, West and their affiliates. Westlaw C.R.S.A. §24-90-108 Page 1 C Effective:August 5,2009 West's Colorado Revised Statutes Annotated Currentness Title 24.Government--State Libraries Article 90.Libraries(Refs&Annos) "ii Part 1. Library Law �-► §24-90-108. Board of trustees of public libraries (1)The management and control of any library established,operated,or maintained under the provisions of this part 1 shall be vested in a board of not fewer than five nor more than seven trustees. Appointees to the library board of trustees shall be chosen from the residents within the legal service area of the library. (2)(a)In cities and towns the trustees shall be appointed by the mayor with the consent of the legislative body. (b)In counties the trustees shall be appointed by the board of county commissioners. (c)In a library district established by only one governmental unit,the legislative body of the governmental unit shall decide the number of its members to be appointed to the committee formed to appoint the initial board of trustees in accordance with the requirements of this paragraph(c).In a library district established by more than one governmental unit,the legislative body of each participating governmental unit shall appoint two of its members to a committee that shall appoint the initial board of trustees. Thereafter,any such legislative body or bodies may either continue such a committee or delegate to the board of trustees of the library district the authority to recommend new trustees.Trustee appointments shall be ratified by a two-thirds majority of the legislative body; except that the failure of a legislative body to act within sixty days upon a recommendation shall be considered a ratification of such appointment. (d)In school districts the trustees shall be appointed by the school board. (e)For joint libraries,the trustees shall be appointed by the legislative bodies of the participating governmental units unless otherwise specified in the contract. (3)(a) The first appointments of such boards of trustees shall be for terms of one, two, three, four, and five years respectively if there are five trustees, one for each of such terms except the five-year term for which two shall be appointed if there are six trustees,and one for each of such terms except the four-year and five-year terms for each of ©2014 Thomson Reuters.No Claim to Orig.US Gov. Works. C.R.S.A. §24-90-108 Page 2 which two shall be appointed if there are seven trustees.Thereafter,a trustee shall be appointed for the length of term specified by the legislative body or,in the case of a library district,by the bylaws adopted by its board of trustees.The number of terms a trustee may serve shall be specified by the legislative body or,in the case of a library district,by the bylaws adopted by its board of trustees. (b) Vacancies shall be filled for the remainder of the unexpired term as soon as possible in the manner in which trustees are regularly chosen. (4)A trustee shall not receive a salary nor other compensation for services as a trustee, but necessary traveling and subsistence expenses actually incurred may be paid from the public library fund. (5) A library trustee may be removed only by a majority vote of the appointing legislative body or bodies, but only upon a showing of good cause as defined in,but not limited to,the bylaws adopted by the board. (6)The board of trustees, immediately after their appointment,shall meet and organize by the election of a president and a secretary and such other officers as deemed necessary. CREDIT(S) Repealed and reenacted by Laws 1979,S.B.303,§ 1.Amended by Laws 1980,H.B.1199,§6;Laws 1990,S.B.90-54, §4,eff.July 1, 1990;Laws 2003,Ch.373,§9,eff.Aug. 15,2003;Laws 2009,Ch.74,§5,eff.Aug.5,2009. CODE OF REGULATIONS REFERENCES Administration of Colorado library network--payment for lending program,see 1 CCR 301-23. Regional library service systems,see 1 CCR 301-22. LIBRARY REFERENCES Municipal Corporations€---1213. Westlaw Topic No.268. NOTES OF DECISIONS Term of office I II 1.Term of office Where vote for successors to retiring city public library directors ended in tie, directors held not entitled to hold over ©2014 Thomson Reuters.No Claim to Orig. US Gov. Works. C.R.S.A. §24-90-108 Page 3 until successors are elected(Const.art. 12,§ 1;C.L.§§8547-8550).People v.Shaffer, 1932,9 P.2d 612,90 Colo.432. Municipal Corporations€ 213 213 C. R. S.A. §24-90-108,CO ST§24-90-108 Current through the First Regular Session of the Sixty-Ninth General Assembly(2013) (C)2013 Thomson Reuters.No Claim to Orig.US Gov. Works. END OF DOCUMENT ©2014 Thomson Reuters.No Claim to Orig.US Gov. Works. BYLAWS OF THE BOARD OF TRUSTEES OF THE HIGH PLAINS LIBRARY DISTRICT HPLD 2013.4 These Amended Bylaws of the Board of Trustees (the "Board) of the High Plains Library District (the "District) are adopted this day of August 19, 2013. The District is a political subdivision of the State of Colorado, established and existing by virtue of the provisions of Title 24, Article 90 of the Colorado Revised Statutes. These bylaws are adopted pursuant to C.R.S. §24-90-109(a) for the Board's guidance in the management and control of the District. ARTICLE 1 Board of Trustees Section 1: Number, Geographic Areas and Term. The Board of Trustees shall consist of seven (7) members, all of whom must reside within the boundaries of the District's legal service area. There shall be one Trustee from each of the following six (6) geographic regions and one (1) At-Large Trustee: Region 1. Erie, Frederick, Firestone N-C66, S-County Line, E-US85, W- County Line + Erie town boundaries Region 2. Gilcrest, Hudson, Keenesburg, LaSalle, Lochbuie, Platteville, Fort Lupton N-CR52, S-County Line, E-County Line, W-US85 Region 3. Mead, Johnstown, Milliken, Berthoud N-CR52, S-C66, E-US85, W-County Line Region 4. Greeley, Evans, Garden City N-CR72, S-CR52, E-CR45, W-County Line excluding Windsor RE-4 Region 5. Ault, Eaton, Pierce, Nunn, Carr, Rockport, Lucerne N-County Line, S-CR72, E-CR45, W-County Line Region 6. New Raymer, Kersey, Grover, Galeton, Briggsdale, Buckingham, Keota, Masters, Deerfield, Barnesville, Hardin N-County Line, S-CR52, E-County Line, W-CR45 1 Approved August 19, 2013 The Trustees shall serve for an unlimited number of five (5) year terms which shall be staggered so that one or two Trustees are appointed or reappointed each year. A Trustee's term shall expire on the 31st day of December, and the term of newly appointed Trustees shall begin on the 1st day of January. Section 2: Appointment of New Trustees. When the term of an existing Trustee will expire, and such Trustee is either ineligible for reappointment or elects not to be reappointed, a new Trustee shall be appointed in accordance with the procedure (see Appendix A) adopted by the Board, consistent with C.R.S. §24-90-108(2)(c). Section 3: Vacancies. Vacancies shall be filled for the remainder of the unexpired term as soon as possible in the manner in which Trustees are regularly chosen. Should a Trustee move to a geographic area outside the one from which the Trustee had been appointed, the Trustee may either make a lateral move with another Trustee in order to maintain geographic representation, or the Trustee may serve out the term, then be replaced by someone from within the vacated region. Section 4: No Salary. Trustees shall not receive a salary or other compensation as a Trustee, but necessary traveling and subsistence expenses actually incurred may be paid from the High Plains District Library Fund. A Trustee of the High Plains Library District may not be employed by the High Plains Library District. Section 5: Removal. A Trustee may be removed only by a majority vote of the appointing legislative body or bodies, but only upon a showing of good cause. Section 6: Meetings. 6.1 Time and Place. The Trustees shall hold at least six regular meetings each calendar year. Special meetings may be called by the Chairman or upon the request of any Trustee or the Executive Director. The time and place will be announced in advance, according to provisions of 6.2. 6.2 Notice; Open Meetings; Executive Sessions. Notice of all meetings of three (3) or more Trustees shall be given in the manner prescribed in C.R.S. §24-6-402(c). At a minimum, the Board shall cause notice of meetings to be posted in designated public places no less than twenty-four (24) hours prior to the meeting. All meetings shall be open to the public, except that at any regular or special meeting, the Board may proceed into executive session upon a majority vote of two-thirds (2/3) of the quorum present for the purpose of considering any matters permitted pursuant to C.R.S. §24-6- 402(4). 6.3 Quorum; Conduct of Meetings. 51% of Trustees shall constitute a quorum. The act of a majority of Trustees present at a meeting at which a quorum is present shall be the act of the Board. All meetings shall be conducted under the rules of 2 Approved August 19, 2013 parliamentary procedure as outlined by The Standard Code of Parliamentary Procedure, by Alice Sturgis, 4th ed. The agenda shall be established by the Chairman of the Library District Board and the Executive Director of the District. 6.4. Public Participation. Members of the public who wish to have an item placed on the agenda may submit a written request prior to a regular meeting. 6.5 Public Comments. At each meeting, the Board will allow time on the agenda for members of the public to address it, in person, about any relevant matters. The Board may impose time limits on such presentations, and it may choose to take action or not on any item raised during such public input. Section 7: Powers and Duties. The Board shall: 7.1 adopt such bylaws, rules and regulations for its own guidance and policies for the governance of the District as it deems expedient; 7.2 have custody of all property of the District, including rooms or buildings constructed, leased or set apart therefore; 7.3 employ an Executive Director, and upon such person's recommendation, employ such other employees as may be necessary; 7.4 submit annually a budget as required by law and certify to the legislative body of the governmental unit or units that the District serves the amount of the mill levy necessary to maintain and operate the District during the ensuing year; 7.5 accept such gifts of money or property for District purposes as it deems expedient; 7.6 hold and acquire land by gift, lease or purchase for District purposes; 7.7 lease, purchase or erect any appropriate building for District purposes and acquire such other property as may be needed therefore; 7.8 sell, assign, transfer or convey any property of the District, whether real or personal, which may not be needed within the foreseeable future for any purpose authorized by law, upon such terms and conditions as it may approve, and lease any other property, pending sale thereof, under agreement of lease, with or without an option to purchase the same; provided, however, that prior to the conveyance of such property, the Board shall make a finding that the property may not be needed within the foreseeable future for District purposes, except that no such finding shall be necessary if the property is sold or conveyed to state agency or political subdivision of this state; 7.9 borrow funds for District purposes by means of a contractual short-term loan when monies are not currently available but will be in the future or other Government-approved financing mechanisms, provided that such loans shall not exceed the amount of immediately anticipated revenues, and such loans shall liquidated within six (6) months; 7.10 authorize the bonding of persons entrusted with District funds; Approved August 19, 2013 7.11 conduct an annual audit of the financial statements of the District; 7.12 authorize the purchase of materials and equipment on the recommendations of the Executive Director; 7.13 hold title to property given to or for the use or benefit of the District; 7.14 do all other acts necessary for the orderly and efficient management and control of the District; 7.15 have authority to enter into contracts; 7.16 at the close of each calendar year, make a report to the legislative body of the appropriate governmental unit or units showing the condition of its trust during the year, the sums of money expended, the purpose of the expenditures and such other statistics and information and such other statistics and information as the Board deems to be of public interest; 7.17 at the close of each calendar year make a report to the state library in the form of a response to a survey designed and administered by the state library. 7.18 make such rules and regulations as it may deem necessary and upon such terms and conditions as may be agreed upon concerning the use of District services by nonresidents of the District; and, 7.19 have all other powers and duties which may now or in the future be authorized by state law. 7.20 Board authority lies with the entire Board, not individuals who serve on the Board. ARTICLE 2 Officers Section 1: Term of Officers. The officers of the Board shall consist of a Chairman, a Vice-Chairman, a Secretary/ Treasurer, and such other officers as the Board deems necessary. All officers of the Board shall be nominated and voted upon at the December meeting. Officers shall serve for an unlimited number of one (1) year terms to begin the 1st day of January of each year. A vacancy in any office, however occurring, may be filled by the Board for the unexpired portion of the term. Section 2: Duties of Officers. The officers shall have the following duties: 2.1 Chairman. The Chairman shall, subject to the direction and supervision of the Board, preside at all meetings of the Board, sign any leases, deeds, mortgages, contracts or other instruments which the Board has authorized to be executed, and in general, perform all duties incident to the office of Chairman and such duties as may be 4 Approved August 19, 2013 prescribed by the Board from time to time. The Chairman may appoint such committees as the business of the Board may require from time to time, and members of such committees may, but need not be, Trustees. No committee shall have other than advisory powers to the Board, and a committee shall be dissolved upon the completion of its charge or the submission of a final report or by a vote of the Board at any time. 2.2 Vice-Chairman. The Vice-Chairman shall assist the Chairman and shall perform such duties as may be assigned from time to time by the Chairman or the Board, and in the absence of the Chairman, shall have the powers and perform the duties of the Chairman. 2.3 Secretary/Treasurer. The Secretary/Treasurer shall oversee the keeping of the minutes of the meetings of the Board, be custodian of the District records and the District seal, and see that the seal of the District is affixed to all documents, the execution of which are duly authorized. He/she shall be the custodian of District funds, all of which, regardless of their source, shall be deposited in an account or accounts authorized by the resolution of the board. All warrants or checks must carry the signature of the Executive Director or the Treasurer or one other Trustee designated by the Board. Administrative procedures will be followed that conform with proper accounting internal controls. In general, the Secretary/Treasurer shall perform all duties incident to the office of Secretary/Treasurer and such other duties as, from time to time, may be assigned by the Chairman or the Board. Any officer may be removed by a vote of the Board whenever, in the Board's judgment, the best interests of the District will be served thereby. ARTICLE 3 Library District Executive Director and Staff The Board shall appoint a qualified Executive Director who shall be the executive and administrative officer of the District on behalf of the Board and under its review and direction. The Executive Director shall recommend to the Board the appointment and specify the duties of other employees and shall be held responsible for the proper direction and supervision of the staff, for the care and maintenance of District property, for the adequate and proper of library materials in keeping with stated policy of the board, for the efficiency of library services within the District and for the financial operation within the limitation of the budgeted appropriation. Approved August 19, 2013 ARTICLE 4 Corporate Seal The corporate seal of the District shall be in the form of a circle, shall have inscribed the words, "High Plains Library District" and the words "Seal" and "Colorado" on it. ARTICLE 5 Fiscal Year The fiscal year of the District shall begin on the first (1st) day of January of each year and shall end on the thirty-first (31) day of December of each year. ARTICLE 6 Amendment These Bylaws may be amended by a majority of the entire Board of Trustees at any regular meeting or any special meeting called for the purpose provided that the proposed amendment shall have been introduced at a regular meeting or special meeting called for that purpose at least fifteen (15) days before final action is taken. These Bylaws were adopted at a regular meeting of the Board of Directors held on the day of August 19, 2013. HIGH PLAINS LIBRARY DISTRICT: r ' Lucile Arnusch, Chairman ATTEST: By: Jacqueli aslowe, Secretary/Treasurer 6 Approved August 19, 2013 APPENDIX A PROCEDURE FOR SELECTING NEW BOARD MEMBERS 1. In September preceding the completion date of a Board member's term, High Plains Library District shall place an advertisement for a new Board member in the Greeley Tribune, the newspaper of record, and the local newspaper(s) of the region to be represented. 2. The High Plains Library District shall set the Selection Committee meeting date and time usually one hour prior to the October regular Board meeting. 3. The High Plains Library District shall send letters requesting participation on the Selection Committee to the Town Board Chairman in each participating jurisdiction (those that originally formed the Weld Library District): Town of Ault, Town of Eaton, Weld County School District RE-8 (Fort Lupton), City of Fort Lupton, Town of Hudson, City of Greeley, Board of County Commissioners. Each jurisdiction shall appoint one member to serve on the Selection Committee. In addition, the High Plains Library District shall appoint the Vice- Chairman of the Board and one other Board member to serve on the Selection Committee. The Vice-Chairman serves as Chairman of the Selection Committee. Both members are voting members. 4. The Selection Committee shall meet in October, and shall select, from the applicants, a new Board member for each vacancy. 5. The High Plains Library District shall send a letter requesting ratification of the nominated member to each participating jurisdiction. All nominations must be ratified by a two-thirds majority of the seven (7) legislative bodies. Any governmental unit which does not respond to the request to ratify within sixty (60) days is deemed to have assented to the appointment of the nominee. 6. The Board member begins his/her term on the 1St day of January. Approved August 19, 2013 APPENDIX B PROCEDURE REGARDING CHANGING AREAS OF REPRESENTATION When a Trustee is appointed to the High Plains Library District Board of Trustees, the selection is based, in part, on where the person resides. [Refer to Article 1, Section 1: Number, geographic areas and term.] If a Trustee relocates within the boundaries of the District's legal service area, but outside the region in which he/she had resided when appointed to the Board, he/she may request to change the area of representation. 1. The Trustee who has relocated shall submit in writing to the HPLD Board Chairman reasons for a request to change area of representation. 2. After discussion between the Trustee and the board chairman, the Board Chairman will bring the issue to the full board for discussion and to identify possible solutions. 3. The Board will vote on the solution(s) to the request. The vote will be final. 8 Approved August 19, 2013 Greeley April 7, 2014 Mayor Butch White Mayor Tommy Holton Weld County Board of Town of Ault City of Fort Lupton Commissioners P.O. Box 1098 130 South McKinley Avenue 1150 O Street Ault, CO 80610 Fort Lupton, CO 80621 Greeley, CO 80632 Mayor Ray Patch Mayor Scott Moser Town of Hudson Town of Eaton P. O. Box 351 223 1st Street Hudson, CO 80642 Eaton, CO 80615 Mayor Lyle Achziger President Mark Payler City of Evans Weld County RE-8 School District 1100 37th Street 301 Reynolds Street Evans, CO 80620 Fort Lupton, CO 80621 Re: High Plains Library District Trustee Selection Committee Meeting Dear Representatives of the High Plains Library District Establishing Bodies: On behalf of the Greeley City Council, I am requesting that the meeting that you have scheduled for this afternoon of representatives of the Establishing Bodies of the High Plains Library District be cancelled or postponed. The City of Greeley does not condone the process that was proposed at the meeting on April 1st. The Greeley City Council has not had an opportunity to meet to discuss the grievances that have been raised by the Member Libraries, nor have we considered the ramifications of your proposal to remove all of the current Library Trustees and replace them with nominees from the Establishing Bodies. Before participating in any meeting of the Selection Committee, the City Council needs more information about the specific complaints voiced by the Member Libraries. Please provide us with a written description of HIGH PLAINS LIBRARY DISTRICT ESTABLISHING BODIES APRIL 7, 2014 PAGE 2 the problems experienced by the Member Libraries. We also need to understand the impact that any changes in the composition of the Library Board of Trustees would have on the functions and services provided to the patrons of the Branch Libraries,which serve the vast majority of the patrons of the High Plains Library District. The City Council also needs to consider whether the actions that you have proposed, for the recall and replacement of Library Trustees, comply with Colorado law. Earlier today I received a letter from the High Plains Library District's attorney, Nathan Godsey. That letter raises several questions that should be resolved before the Establishing Bodies take any action related to the removal, nomination, and ratification of Library Trustees. Rather than proceeding with the meeting scheduled for this afternoon, I urge you to cancel or postpone the meeting to allow adequate time for the Greeley City Council to fully consider the issues. Sincerely, A tt...) Thomas E. Norton Mayor Mayor's Office • 1000 10th Street,Greeley,CO 80631 • (970) 350-9772 Fax(970) 350-9828 We promise to preserve and improve the quality of life for Greeley through timely,courteous and cost-effective service. RESOLUTION RE: REMOVAL OF KAREN RADEMACHER, LUCILE ARNUSCH, JACQUELINE MASLOW, BRIAN LARSON, CLAUD HANES, AND STAN SAMESHIMA FROM THE BOARD OF TRUSTEES OF THE HIGH PLAINS LIBRARY DISTRICT WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, in 1985, the Weld Library District was created by action of six municipalities, Weld County School District Re-8, and the County of Weld, all in the State of Colorado, pursuant to the provisions of the Colorado Library Act, C.R.S. §§ 24-90-101, et seq., and WHEREAS, the name of the Weld Library District was changed in July, 2008, to the "High Plains Library District" ("HPLD"), and WHEREAS, as evidenced in the attached letter dated March 17, 2014, from Donald D. Warden, Interim Director of Finance, the HPLD Board of Trustees has moved away from the original promise to the six municipalities to allow: • Municipal retention of the title to its library property; • Continuation of local boards of library trustees to insure local control; and • The sharing of the library-related mill levies through a 2/3-1/3 allocation of the property tax generated from the service area of the municipal libraries; and WHEREAS, as a result, the Board of County Commissioners believes good cause exists to remove each of the current HPLD Trustees, including Karen Rademacher, Lucile Arnusch, Jacqueline Maslow, Brian Larson, Claud Hanes, and Stan Sameshima effective immediately. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Board hereby finds that good cause exists to remove each of the current HPLD Trustees, including Karen Rademacher, Lucile Arnusch, Jacqueline Maslow, Brian Larson, Claud Hanes, and Stan Sameshima, because said Board of Trustees has moved away from the original promise to the six municipalities to allow: • Municipal retention of the title to its library property; • Continuation of local boards of library trustees to insure local control; and • The sharing of the library-related mill levies through a 2/3-1/3 allocation of the property tax generated from the service area of the municipal libraries. 2014- REMOVAL OF KAREN RADEMACHER, LUCILE ARNUSCH, JACQUELINE MASLOW, BRIAN LARSON, CLAUD HANES, AND STAN SAMESHIMA FROM THE BOARD OF TRUSTEES OF THE HIGH PLAINS LIBRARY DISTRICT PAGE 2 BE IT FURTHER RESOLVED by the Board of County Commissioners that. good cause for removal being shown, the Board hereby votes to remove Karen Rademacher, Lucile Arnusch, Jacqueline Maslow, Brian Larson, Claud Hanes, and Stan Sameshima from their positions as Trustees on the HPLD Board of Trustees, effective immediately. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the day of April. A.D., 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Douglas Rademacher, Chairman Weld County Clerk to the Board Barbara Kirkmeyer, Pro-Tem BY: Deputy Clerk to the Board Sean P. Conway APPROVED AS TO FORM: Mike Freeman County Attorney William F. Garcia Date of signature: 2014- RESOLUTION RE: RATIFICATION OF APPOINTMENT OF NOMINEES TO THE BOARD OF TRUSTEES OF THE HIGH PLAINS LIBRARY DISTRICT TO FILL VACANT POSITIONS WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the High Plains Library District ("HPLD") has been created by action of six municipalities, Weld County School District Re-8, and the County of Weld, all in the State of Colorado, and WHEREAS, the HPLD Board of Trustees consists of seven members, and WHEREAS, by action of a majority of the legislative bodies of the eight original government entities, HPLD Trustees Karen Rademacher, Lucile Arnusch, Jacqueline Maslow, Brian Larson, Claud Hanes, and Stan Sameshima were removed from their positions as Trustees, leaving six Trustee positions vacant, each with an unexpired term, and WHEREAS, pursuant to C.R.S. § 24-90-108(3)(b), vacancies are to be filled for the remainder of the unexpired term as soon as possible in the manner in which trustees are normally chosen, and WHEREAS, the seventh Trustee position is also currently vacant, with no unexpired term, and WHEREAS, pursuant to C.R.S. § 24-90-108(2)(c), the HPLD selection committee has recommended the following persons for appointment to the Board of Trustees. to fill the unexpired terms of the removed Trustees, as follows: to serve the remainder of the term for Karen Rademacher (expires ); to serve the remainder of the term for Lucile Arnusch (expires ); to serve the remainder of the term for Jacqueline Maslow (expires ); to serve the remainder of the term for Brian Larson (expires ); to serve the remainder of the term for Claud Hanes (expires ); and to serve the remainder of the term for Stan Sameshima (expires ), and 2014- RATIFICATION OF APPOINTMENT OF NOMINEES TO THE BOARD OF TRUSTEES OF THE HIGH PLAINS LIBRARY DISTRICT TO FILL VACANT POSITIONS PAGE2 WHEREAS, pursuant to C.R.S. § 24-90-108(2)(c), the HPLD selection committee has recommended for appointment to fill the vacant Trustee position with term to expire December 31, 2018, and WHEREAS, the Board of County Commissioners desires to ratify all of the nominations for appointment to the HPLD Board of Trustees, as set forth above for the terms as specified. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that all of the nominations for appointment to the HPLD Board of Trustees, set forth above, be, and hereby is, ratified for the terms as specified. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the day of April, A.D., 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Douglas Rademacher, Chairman Weld County Clerk to the Board Barbara Kirkmeyer, Pro-Tern BY: Deputy Clerk to the Board Sean P. Conway APPROVED AS TO FORM: Mike Freeman County Attorney William F. Garcia Date of signature: 2014- Hello